House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

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(a)
released under section 34A of the 1991 Act or section

246 (home detention curfew), and

(b)
recalled under section 38A(1)(b) of the 1991 Act or

section 255(1)(b) (no longer possible to monitor

curfew),


the release and recall are to be disregarded for the purposes of

this paragraph.

25  (1)
It is the duty of the Secretary of State to release a person

unconditionally under this paragraph—

(a)
in the case of a person falling within paragraph 24(1),

as soon as the person has served two-thirds of the

sentence;

(b)
in the case of a person falling within paragraph 24(2),

as soon as the person would (but for the earlier release)

have served two-thirds of the sentence.

      (2)
After a person falling within paragraph 24(1) has served one-

third of the sentence or six months, whichever is longer, the

Secretary of State must, if directed to do so by the Board,

release the person on licence under this paragraph.

      (3)
The Board must not give a direction under sub-paragraph (2)

unless the Board is satisfied that it is no longer necessary for

the protection of the public that the person should be confined.

      (4)
Sub-paragraphs (1) to (3) apply in place of section 244 (release

on licence of prisoners serving 12 months or more).

26  (1)
Where a person to whom paragraph 24 applies is released on

licence under paragraph 25, the licence shall remain in force

until the date on which the person would (but for the release)

have served two-thirds of the sentence.

      (2)
Sub-paragraph (1) is subject to any revocation under section

254.

      (3)
Sub-paragraphs (1) and (2) apply in place of section 249

(duration of licence).

Extended sentence of more than 12 months imposed before 1 October 1992

27  (1)
This paragraph applies to a person if—

(a)
the person is serving a sentence of imprisonment

imposed before 1 October 1992,

(b)
the sentence is for a term of more than 12 months,

(c)
on the passing of the sentence an extended sentence

certificate was issued, and

(d)
the person has not previously been released from

prison on licence in respect of that sentence.

      (2)
This paragraph also applies to a person if—

(a)
the person is serving a sentence of imprisonment

imposed before 1 October 1992,

(b)
the sentence is for a term of more than 12 months,

(c)
on the passing of the sentence an extended sentence

certificate was issued,

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(d)
the person has been released on licence under Part 2 of

the 1991 Act, and

(e)
the person has been recalled before 14 July 2008 (and

has not been recalled after that date).

      (3)
In this paragraph “extended sentence certificate” means a

certificate was issued under section 28 of the Powers of

Criminal Courts Act 1973 (punishment of persistent offenders)

stating that an extended term of imprisonment was imposed

on the person under that section.

28  (1)
It is the duty of the Secretary of State to release a person to

whom paragraph 27 applies on licence under this paragraph—

(a)
in the case of a person falling within paragraph 27(1),

as soon as the person has served two-thirds of the

sentence;

(b)
in the case of a person falling within paragraph 27(2),

as soon as the person would (but for the earlier release)

have served two-thirds of the sentence.

      (2)
After a person falling within paragraph 27(1) has served one-

third of the sentence or six months, whichever is longer, the

Secretary of State must, if directed to do so by the Board,

release the person on licence under this paragraph.

      (3)
The Board must not give a direction under sub-paragraph (2)

unless the Board is satisfied that it is no longer necessary for

the protection of the public that the person should be confined.

      (4)
Sub-paragraphs (1) to (3) apply in place of section 244 (release

on licence of prisoners serving twelve months or more).

Additional days

29  (1)
Prison rules made by virtue of section 257 may include

provision for applying any provisions of this Chapter, in

relation to any person falling within sub-paragraph (2), as if

the person had been awarded such number of additional days

as may be determined by or under the rules.

      (2)
A person falls within this sub-paragraph if—

(a)
the person was released on licence under section 60 of

the 1967 Act before 1 October 1992 and the licence was

in force on that date, or

(b)
the person was, on that date, serving a custodial

sentence,


and (in either case) the person has forfeited any remission of

the sentence.

Concurrent or consecutive terms

30
Paragraphs 31 to 33 apply where a person (“P”) is serving two

or more sentences of imprisonment and—

(a)
the sentences were passed on the same occasion, or

(b)
where they were passed on different occasions, the

person has not been released under Part 2 of the 1991

Act or under this Chapter at any time during the

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period beginning with the first and ending with the last

of those occasions.

31  (1)
This paragraph applies where each of the sentences is a 1967

Act sentence.

      (2)
Sections 263 and 264 (consecutive and concurrent terms) do

not apply in relation to the sentences.

      (3)
For the purposes of any reference in this Chapter, however

expressed, to the term of imprisonment to which P has been

sentenced or which, or part of which, P has served, the terms

are to be treated as a single term.

32  (1)
This paragraph applies where—

(a)
one or more of the sentences is a 1967 Act sentence, and

(b)
one or more of them is a 1991 Act sentence.

      (2)
Sections 263 and 264 (consecutive and concurrent terms) do

not apply in relation to the sentences mentioned in sub-

paragraph (1).

      (3)
For the purposes of any reference in this Chapter, however

expressed, to the term of imprisonment to which P has been

sentenced or which, or part of which, P has served—

(a)
the terms mentioned in sub-paragraph (1) are to be

treated as a single term, and

(b)
that single term is to be treated as if it were a 1967 Act

sentence.

      (4)
If one or more of the sentences is a section 85 extended

sentence—

(a)
for the purpose of determining the single term

mentioned in sub-paragraph (3), the extension period

or periods is or are to be disregarded, and

(b)
the period for which P is to be on licence in respect of

the single term is to be increased in accordance with

sub-paragraph (5).

      (5)
That period is to be increased—

(a)
if only one of the sentences is a section 85 extended

sentence, by the extension period;

(b)
if there is more than one such sentence and they are

wholly or partly concurrent, by the longest of the

extension periods;

(c)
if there is more than one such sentence and they are

consecutive, by the aggregate of the extension periods.

      (6)
If P is also serving a 2003 Act sentence, sub-paragraph (3) is to

be applied before the period mentioned in section 263(2)(c)

(concurrent terms) or paragraph 33(3) (consecutive terms) is

calculated.

33  (1)
This paragraph applies where two or more sentences are to be

served consecutively on each other and—

(a)
one or more of those sentences is a 1967 Act sentence,

and

(b)
one or more of them is a 2003 Act sentence.

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      (2)
Section 264 does not affect the length of the period which P

must serve in prison in respect of the 1967 Act sentence or

sentences.

      (3)
Nothing in this Chapter requires the Secretary of State to

release P until P has served a period equal in length to the

aggregate of the length of the periods which P must serve in

relation to each of the sentences mentioned in sub-paragraph

(1).

Part 4

Provisions applying generally

Licence conditions

34  (1)
This paragraph applies to any licence (a “Parole Board

licence”) which falls within sub-paragraph (2) or (3).

      (2)
A licence falls within this sub-paragraph if—

(a)
it is or was granted to a person (“P”) on P’s release (at

any time) on the recommendation or direction of the

Board, and

(b)
P has not been released otherwise than on such a

recommendation or direction.

      (3)
A licence falls within this sub-paragraph if—

(a)
it is or was granted to a person (“P”) on P’s release (at

any time), and

(b)
condition A or condition B is met.

      (4)
Condition A is that, before 2 August 2010, the Board exercised

the function under section 37(5) of the 1991 Act of making

recommendations as to any condition to be included or

inserted as a condition in a licence granted to P (including by

making a recommendation that no condition should be

included in such a licence).

      (5)
Condition B is that, before 2 August 2010—

(a)
P was released on licence under section 33(2), (3) or

(3A) or 35(1) of the 1991 Act, and

(b)
the Board exercised the function under section 37(5) of

that Act of—

(i)
making recommendations as to the inclusion or

insertion of a condition in a licence granted to P

(including by making a recommendation that

no condition should be included in such a

licence), or

(ii)
making recommendations as to the variation or

cancellation of any such condition (including a

recommendation that the condition should not

be varied or cancelled).

      (6)
The Secretary of State must not—

(a)
include on release, or subsequently insert, a condition

in a Parole Board licence, or

74

(b)
vary or cancel any such condition,


except in accordance with directions of the Board.

Fine defaulters and contemnors

35  (1)
This paragraph applies to any person if—

(a)
the person has been committed to prison or to be

detained under section 108 of the Sentencing Act—

(i)
in default of payment of a sum adjudged to be

paid by a conviction, or

(ii)
for contempt of court or any kindred offence,

(b)
the person was so committed or detained before 4

April 2005, and

(c)
the term for which the person was committed or

detained is 12 months or more.

      (2)
As soon as a person to whom this paragraph applies has

served two-thirds of the term, it is the duty of the Secretary of

State to release the person unconditionally.

      (3)
Sub-paragraph (2) applies in place of section 258(2) (early

release of fine defaulters and contemnors).

Early removal of prisoners liable to removal from UK

36  (1)
This paragraph applies to any person who—

(a)
has served one-half of a sentence of imprisonment, and

(b)
has not been released on licence under this Chapter.

      (2)
The reference in sub-paragraph (1)(a) to one-half of a sentence

is—

(a)
in the case of a section 85 extended sentence, a

reference to one-half of the custodial term;

(b)
in the case of an extended sentence imposed under

section 227 or 228, a reference to one-half of the

appropriate custodial term.

37  (1)
If a person to whom paragraph 36 applies—

(a)
is liable to removal from the United Kingdom, and

(b)
has not been removed from prison under section 260

during the period mentioned in subsection (1) of that

section,


the Secretary of State may remove the person from prison

under that section at any time after the end of that period.

      (2)
Sub-paragraph (1) applies whether or not the Board has

directed the person’s release under paragraph 6, 15, 25 or 28.””
Schedule 16
284
Page 211, line 25, leave out “and 226A” and insert “, 226A and 246A”
285
Page 211, leave out lines 29 to 40 and insert—

“46(1)
Any offence that—

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(a)
was abolished (with or without savings) before the coming into

force of this Schedule, and

(b)
would, if committed on the relevant day, have constituted an

offence specified in Part 1 of this Schedule.

      (2)
“Relevant day”, in relation to an offence, means—

(a)
for the purposes of this paragraph as it applies for the purposes

of section 246A(2), the day on which the offender was convicted

of that offence, and

(b)
for the purposes of this paragraph as it applies for the purposes

of sections 224A(4) and 226A(2), the day on which the offender

was convicted of the offence referred to in section 224A(1)(a) or

226A(1)(a) (as appropriate).”
286
Page 212, line 3, leave out “and 226A” and insert “, 226A and 246A”
287
Page 212, line 23, leave out “done” and insert “committed”
Schedule 17
288
Page 213, line 16, leave out paragraph 9
289
Page 213, line 35, at end insert—

“13A
In section 156 (pre-sentence reports and other requirements) after

subsection (8) insert—

“(9)
References in subsections (1) and (3) to a court forming the

opinions mentioned in sections 152(2) and 153(2) include a court

forming those opinions for the purposes of section 224A(3).””
290
Page 214, line 2, at end insert—

“15A
In section 224 (meaning of “specified offence” etc) in subsection (2)(b) for

“225” substitute “224A”.”
291
Page 215, line 5, after “obliged” insert “by that section”
292
Page 215, line 5, leave out “under that section”
293
Page 215, line 21, after “life” insert “under section 94 of the Sentencing Act”
294
Page 215, line 24, at end insert—

    “(3)
In section 305(4) (interpretation of Part 12) in paragraph (bb) (inserted by

paragraph 21 of this Schedule) after “imprisonment for life” insert “or, if

the person is aged at least 18 but under 21, custody for life”.”
Schedule 18
295
Page 216, line 5, leave out paragraph 4 and insert—

“4  (1)
Section 35A of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence imposed as well as driving

disqualification) is amended as follows.

      (2)
In subsection (4)(e)—

(a)
for “227” substitute “226A”,

(b)
for “half” substitute “two-thirds of”, and

(c)
for “227(2C)(a)” substitute “226A(5)(a)”.

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      (3)
In subsection (4)(f)—

(a)
for “228” substitute “226B”,

(b)
for “half” substitute “two-thirds of”, and

(c)
for “228(2B)(a)” substitute “226B(3)(a)”.

      (4)
In subsection (8) omit “or 247(2)”.

      (5)
In subsection (9) omit paragraph (b).”
296
Page 216, line 19, at end insert—

“Crime (Sentences) Act 1997 (c. 43)

4A
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners

within the British Islands) in paragraph 9(2)(a) after “244,” insert

“246A,”.

Crime and Disorder Act 1998 (c. 37)

4B
In section 51A of the Crime and Disorder Act 1998 (sending cases to the

Crown Court: children and young persons) in subsection (3)(d) for

“226(3) or 228(2)” substitute “226B”.”
297
Page 216, line 21, at end insert—

“5A
In section 3A (committal for sentence of dangerous adult offenders) in

subsection (2) for “225(3) or 227(2)” substitute “226A”.

5B
In section 3C (committal for sentence of dangerous young offenders) in

subsection (2) for “226(3) or 228(2)” substitute “226B”.”
298
Page 216, line 23, at end insert—

“6A(1)
Section 82A (determination of tariffs of life prisoners) is amended as

follows.

      (2)
Omit subsection (4A).

      (3)
In subsection (7) for the definition of “life sentence” substitute—

““life sentence” means a sentence mentioned in subsection

(2) of section 34 of the Crime (Sentences) Act 1997 other

than a sentence mentioned in paragraph (d) or (e) of that

subsection.””
299
Page 216, line 40, leave out “after “226” insert “, 226B”” and insert “for “228”

substitute “226B””
300
Page 216, line 41, leave out paragraph 9 and insert—

“9  (1)
Section 106A (interaction of detention and training orders with sentences

of detention) is amended as follows.

      (2)
In subsection (1), in paragraph (b) of the definition of “sentence of

detention”, after “section” insert “226B or”.

      (3)
In subsection (6)—

(a)
before “228” insert “226B or”, and

(b)
after “Board under” insert “subsection (5)(b) of section 246A or

(as the case may be)”.”



© Parliamentary copyright	Revised 29 March 2012